How to calculate the cost of post operative work on the construction site

After a work injury:

1. Article 17 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating region. If the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Documents to be submitted:

2. If there is a disability that affects the ability to work after the injury is relatively stable, the employer, the injured employee or his or her immediate family members shall apply for the labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level); The standard of compensation varies from province to province. Depending on the level of disability, the compensation received is not the same. The main compensation is:

Medical expenses, one-time disability allowance, one-time disability employment subsidy, one-time medical subsidy for work-related injuries, wages during the period of leave of absence, food allowance, nursing expenses, etc.

3. If the injured employee does not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the injured employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

If you have applied for a work-related injury determination, the workers' compensation insurance will pay a portion of the surgery fee.

Of course, the boss pays for it.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years. Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wage of employees in the same or similar industry in the location of the court where the lawsuit is filed in the previous year.

Article 17 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Injuries Caused by Injuries to the Injured Person's Body: The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment, and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim Liang Ran is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim Liang Ran due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive devices, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the care and continuation. Where the victim dies, the person obligated to compensate shall compensate for the funeral expenses, death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters, in addition to the relevant expenses provided for in the first paragraph of this article based on the circumstances of the rescue.

Migrant workers who are injured or fractured on the construction site need to be compensated for medical expenses, lost work expenses, fissure nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and lost work expenses.

Article 64 of the Regulations on Work-related Injury Insurance The term "total wages" as used in these Regulations refers to the total amount of labor remuneration paid directly by an employer to all employees of the employer. For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.

Lost time pay is calculated according to the actual wage standard and lost time. The compensation items for injuries on the construction site include medical expenses, nutrition expenses, transportation expenses, lost work expenses, nursing expenses, disability compensation, later expenses, hospital meal subsidies, living expenses for dependents, appraisal fees, and compensation for mental damages.

Legal basis: Article 17 of the Supreme People's Court's Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 17 The compensation obligor shall compensate the victim for personal injury, and all expenses incurred due to medical treatment** and Zheng Yusheng's income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

If an employee suffers a work-related injury on the construction site, he or she will generally not be compensated for lost work, but he or she can enjoy the salary and treatment during the period of suspension of work, which is consistent with his original salary. If the worker is not recognized as a work-related injury, the compensation for personal injuries can be claimed in the aggregate, in which the amount of compensation for lost work is calculated according to the actual reduced income if the victim has a fixed income; If they have no fixed income, it shall be calculated according to their average income in the last three years.

Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Compensation for lost time is to be determined on the basis of the victim's lost time and income. The time of lost work is determined according to the certificate issued by the medical institution that the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. Where the victim has no fixed income, it is to be calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.